The Role of Party Self-Determination in Mediation Ethics

Research output: Contribution to conferencePresentationResearch

Abstract

Mediation ethics traditionally gives a central role to mediator neutrality and party self-determination. However, the relationship between these two concepts can sometimes give rise to ethical dilemmas, particularly in scenarios involving power imbalances or vulnerable parties. How, then, can the two notions be reconciled? This talk explores the idea that party self-determination, rather than mediator neutrality, should be given center stage in mediation ethics. This is because, first, party self-determination is what distinguishes mediation from other forms of dispute resolution and, second, it provides a principled basis for the legitimacy of mediation and its outcomes. Mediator neutrality can then be viewed as a tool to support party self-determination, rather than the other way around.
Original languageEnglish
Publication statusPublished - 2018
EventProfessional Development Seminar Series, Austin Association of Mediators - Austin, United States
Duration: 14 Dec 2018 → …
https://www.austinmediators.org/event-3099109

Seminar

SeminarProfessional Development Seminar Series, Austin Association of Mediators
CountryUnited States
CityAustin
Period14/12/18 → …
Internet address

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  • Related Activities

    • 1 Invited talk

    The Role of Party Self-Determination in Mediation Ethics

    Jonathan Crowe (Speaker)

    14 Dec 2018

    Activity: Talk or presentationInvited talk

    Cite this

    Crowe, J. (2018). The Role of Party Self-Determination in Mediation Ethics. Professional Development Seminar Series, Austin Association of Mediators, Austin, United States.